Campaign finance; prohibited personal use, civil penalty. (HB122)

Introduced By

Del. Mark Cole (R-Fredericksburg) with support from co-patron Del. Marcus Simon (D-Falls Church)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Campaign finance; prohibited personal use; civil penalty. Adds a definition of "personal use" and prohibits the use of contributions, or conversions of items acquired using contributions, to a candidate or campaign committee for a strictly personal purpose with no intended, reasonable, or foreseeable benefit to the candidate's campaign or public office. Complaints of alleged violations may be made to the State Board of Elections (State Board) by any person who contributed to the candidate or candidate's campaign committee. The subject of the complaint has 30 days to either (i) reimburse the campaign committee the complained-of amount or (ii) provide to the State Board documentation or other evidence that the use of the campaign funds had an intended, reasonable, or foreseeable benefit to the campaign or the candidate's public office. If the subject of the complaint provides such documentation or other evidence, the State Board shall review the response made by the subject of the complaint, and determine whether the use of campaign funds had any intended, reasonable, or foreseeable benefit to the campaign or the candidate's public office. The bill amends the Freedom of Information Act to allow closed meetings for the State Board to review such complaints. If the State Board determines that there were no intended, reasonable, or foreseeable benefits and the complained-of amount has not been reimbursed, it shall call a public hearing. If the complaining party declines to participate in the hearing, the complaint shall be dismissed. A person found by a unanimous vote of the State Board to have willfully and knowingly violated the prohibition on personal use of campaign contributions must repay to the campaign committee the amount unlawfully converted to the personal use of the candidate or a member of the candidate's immediate family and must return to the complaining party the full amount of the complaining party's contribution to the campaign. The State Board may also assess an additional civil penalty, in an amount not to exceed $ 250. The person found to be in violation may seek review under the Administrative Process Act. The bill authorizes the Virginia Conflict of Interest and Ethics Advisory Council (Council) to issue formal advisory opinions regarding the provisions governing the personal use of campaign funds pursuant to the Campaign Finance Disclosure Act of 2006 (§ 24.2-945 et seq.). A person who has relied on such an opinion in good faith after he provides full disclosure of the facts will not be subject to the penalties outlined in the bill. In addition, the Council will be required to develop and publish guidance on the provisions of the Campaign Finance Disclosure Act that prohibit the personal use of campaign funds. The bill has an effective date of July 1, 2019. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
12/18/2017Committee
12/18/2017Prefiled and ordered printed; offered 01/10/18 18101903D
12/18/2017Referred to Committee on Rules
01/25/2018Impact statement from DPB (HB122)
01/26/2018Referred from Rules
01/26/2018Referred to Committee on Privileges and Elections
02/02/2018Reported from Privileges and Elections (22-Y 0-N) (see vote tally)
02/02/2018Referred to Committee for Courts of Justice
02/06/2018Assigned Courts sub: Subcommittee #2
02/07/2018Subcommittee recommends reporting with amendments (7-Y 0-N)
02/09/2018Reported from Courts of Justice with substitute (16-Y 0-N) (see vote tally)
02/09/2018Committee substitute printed 18106779D-H1
02/10/2018Read first time
02/12/2018Impact statement from DPB (HB122H1)
02/12/2018Read second time
02/12/2018Committee substitute agreed to 18106779D-H1
02/12/2018Engrossed by House - committee substitute HB122H1
02/13/2018Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/13/2018VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
02/14/2018Constitutional reading dispensed
02/14/2018Referred to Committee on Rules
02/28/2018Rereferred from Rules (14-Y 1-N) (see vote tally)
02/28/2018Rereferred to Finance
03/06/2018Left in Finance